
Xi v. United States – Challenge to Warrantless Surveillance
What's at Stake
The ACLU represents Xiaoxing Xi, a Chinese-American physics professor at Temple University, who is suing the government over its dismissed prosecution of him for supposedly sharing sensitive technology with scientists in China. The lawsuit, filed in 2017, challenges the FBI’s baseless arrest of Xi and it surveillance methods as well as its discriminatory targeting of Chinese-American scientists.
Summary
In May 2015, FBI agents came into Xi’s house with guns drawn and led him away in handcuffs in front of his wife and daughters. The government accused Xi of sharing information about a superconductor device known as a “pocket heater,” relying on email exchanges between Xi and scientific colleagues in China that the FBI had obtained. The government claimed that those communications violated a legal agreement Xi had signed with the company that owned the pocket heater in which he had agreed not to share the technology.
The intercepted emails, however, were not about the pocket heater, but concerned a different kind of superconductor technology that has been public for years. In September 2015, prosecutors were forced to drop the charges. But the damage to Xi and his family was already significant. As a result of the charges, Xi was placed on administrative leave, suspended from his position as the interim chair of the Temple Physics Department, denied access to his lab and the graduate students working under his supervision, and had to pay substantial legal fees to defend himself.
The government spied on Xi using orders issued under the Foreign Intelligence Surveillance Act, which is intended for spying on foreign agents. As the complaint alleges, he was also spied on without any court order under Section 702 of FISA and Executive Order 12333, both of which are used by the government to conduct warrantless surveillance of international communications, including those of Americans.
The government has reportedly engaged in extensive warrantless surveillance of Chinese universities and scientific research centers. It has siphoned communications off servers, computers, and major internet networks that connect many of China’s most prestigious academic institutions. Both the NSA and FBI routinely store the emails and phone calls they intercept in government databases for years, where they can be later searched by analysts and agents who are investigating Americans. FBI agents conduct so-called “backdoor searches” on Americans so often that the government has referred to one of these massive databases as the “FBI’s Google.”
The FBI’s conduct in Xi’s case and others suggests that the government has been targeting Chinese-Americans because of their race or ethnicity. Xi’s case is one of three espionage-related prosecutions of Chinese-American scientists in a 10-month period in which the government abandoned the case before trial. The others include the dismissal of charges against Sherry Chen, a hydrologist with the U.S. National Weather Service in Ohio in March 2015, and Guoqing Cao and Shuyu Li, senior biologists at Eli Lilly & Company in December 2014.
In May 2017, Xi filed a lawsuit against the lead FBI agent in the case, Andrew Haugen, and other agents, alleging that they made knowingly or recklessly false statements in support of the investigation and prosecution. Xi’s wife and oldest daughter later joined the case. The ACLU joined the case in October 2017. The lawsuit asks the court to award damages and to declare that the defendants violated the plaintiffs’ Fourth and Fifth Amendment rights. It also asks the court to order the government to return or delete any of the Xis’ communications that it obtained during the investigation.
In April 2021, the district court dismissed nine of the ten claims in the complaint. The Xis’ appeal of that decision is pending.
The dangers of giving the government such sweeping surveillance powers are real and unmistakable. This case is a glaring example of an innocent American’s privacy rights being grossly violated, with disastrous consequences for Xi and his family.
Legal Documents
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03/12/2020
Xi v. Haugen - Defendants' Reply in Support of Motion to Strike Supplemental Authority
Date Filed: 03/12/2020
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03/12/2020
Xi v. Haugen - Plaintiff's Response in Opposition to Defendant's Motion to Strike Supplemental Authority
Date Filed: 03/12/2020
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04/01/2021
Xi v. Haugen - Memorandum re: Court Granting Defendants' Motion to Dismiss
Date Filed: 04/01/2021
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09/17/2021
Xi v. Haugen - Plaintiffs' Unopposed Motion to Certify Final Judgment
Date Filed: 09/17/2021
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09/17/2021
Xi v. Haugen - Order re Final Judgment
Date Filed: 09/17/2021
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09/24/2021
Xi v. Haugen - Plaintiffs' Notice of Appeal
Date Filed: 09/24/2021
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09/24/2021
Plaintiffs' Notice of Appeal -
09/17/2021
Order re Final Judgment -
09/17/2021
Pls' Unopposed Motion to Certify Final Judgment -
04/01/2021
Memorandum re: Court Granting Defs' Motion to Dismiss -
03/19/2020
Defs' Reply to Response to Defs' Motion to Strike -
03/12/2020
Defs' Reply in Support of Motion to Strike Supplemental Authority -
03/12/2020
Pls' Response in Opposition to Defendant's Motion to Strike Supplemental Authority -
02/21/2020
Defs' Motion to Strike Pls' Supplemental Authority -
02/06/2020
Pls' Notice of Supplemental Authority -
03/21/2019
Defs' Response to Pls' Notice of Supplemental Authority -
03/14/2019
Notice of Supplemental Authority -
08/30/2018
Def Haugen's Response to Pls' Notice of Supplemental Authority -
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08/30/2018
Lanuza v. Love Case
Xi v. United States – Challenge to Warrantless SurveillanceLegal DocumentsLanuza v. Love CaseDownload DocumentDate Filed: 08/30/2018
Court: District Court (E.D. Pa.)
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08/30/2018
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08/27/2018
Pls' Notice of Supplement Authority -
05/22/2018
Reply Memo in Further Sup of the Gov't's MTD Pls' Claims Against Official Capacity Defendants -
05/22/2018
Def Haugen's Reply in Support of His MTD -
05/22/2018
Official Capacity Defs' Reply in Support of Their MTD Plts' Common Law Claims -
05/18/2018
Pls' Notice of Supplemental Authority -
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05/18/2018
Alasaad v. Nielsen Memo and Order
Xi v. United States – Challenge to Warrantless SurveillanceLegal DocumentsAlasaad v. Nielsen Memo and OrderDownload DocumentDate Filed: 05/18/2018
Court: District Court (E.D. Pa.)
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05/18/2018
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04/09/2018
Pls' Opposition to Official Capacity Defs' MTD -
04/09/2018
Pls' Opposition to Def Haugen's MTD -
02/02/2018
Defs' Motion to Dismiss Plt's Claims Against Official Capacity -
01/23/2018
Def Haugen's Motion to Dismiss Pls' Constitutional Claims Against Him in Plt's Second Amended Complaint -
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01/23/2018
Exhibit 1 -
01/23/2018
Proposed Order
Xi v. United States – Challenge to Warrantless SurveillanceLegal DocumentsExhibit 1Download DocumentDate Filed: 01/23/2018
Court: District Court (E.D. Pa.)
Xi v. United States – Challenge to Warrantless SurveillanceLegal DocumentsProposed OrderDownload DocumentDate Filed: 01/23/2018
Court: District Court (E.D. Pa.)
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01/23/2018
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01/23/2018
Defs' Motion to Dismiss Pls' Common Law Claims in Second Amended Complaint -
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01/23/2018
Proposed Order
Xi v. United States – Challenge to Warrantless SurveillanceLegal DocumentsProposed OrderDownload DocumentDate Filed: 01/23/2018
Court: District Court (E.D. Pa.)
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01/23/2018
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11/01/2017
Second Amended Complaint -
11/01/2017
Court Order Dismissing Gov't's Motion to Dismiss -
09/25/2017
Def Haugen's Motion to Dismiss Pls' Constitutional Claims -
09/25/2017
Defs' Motion to Dismiss Pls' Common Law Claims -
07/07/2017
First Amended Complaint -
05/10/2017
Complaint
Date Filed: 09/24/2021
Court: District Court (E.D. Pa.)
Date Filed: 09/17/2021
Court: District Court (E.D. Pa.)
Date Filed: 09/17/2021
Court: District Court (E.D. Pa.)
Date Filed: 04/01/2021
Court: District Court (E.D. Pa.)
Date Filed: 03/19/2020
Court: District Court (E.D. Pa.)
Date Filed: 03/12/2020
Court: District Court (E.D. Pa.)
Date Filed: 03/12/2020
Court: District Court (E.D. Pa.)
Date Filed: 02/21/2020
Court: District Court (E.D. Pa.)
Date Filed: 02/06/2020
Court: District Court (E.D. Pa.)
Date Filed: 03/21/2019
Court: District Court (E.D. Pa.)
Date Filed: 03/14/2019
Court: District Court (E.D. Pa.)
Date Filed: 08/30/2018
Court: District Court (E.D. Pa.)
Date Filed: 08/27/2018
Court: District Court (E.D. Pa.)
Date Filed: 05/22/2018
Court: District Court (E.D. Pa.)
Date Filed: 05/22/2018
Court: District Court (E.D. Pa.)
Date Filed: 05/22/2018
Court: District Court (E.D. Pa.)
Date Filed: 05/18/2018
Court: District Court (E.D. Pa.)
Date Filed: 04/09/2018
Court: District Court (E.D. Pa.)
Date Filed: 04/09/2018
Court: District Court (E.D. Pa.)
Date Filed: 02/02/2018
Court: District Court (E.D. Pa.)
Date Filed: 01/23/2018
Court: District Court (E.D. Pa.)
Date Filed: 01/23/2018
Court: District Court (E.D. Pa.)
Date Filed: 11/01/2017
Court: District Court (E.D. Pa.)
Date Filed: 11/01/2017
Court: District Court (E.D. Pa.)
Date Filed: 09/25/2017
Court: District Court (E.D. Pa.)
Date Filed: 09/25/2017
Court: District Court (E.D. Pa.)
Date Filed: 07/07/2017
Court: District Court (E.D. Pa.)
Date Filed: 05/10/2017
Court: District Court (E.D. Pa.)
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02/07/2022
Xi v. United States - Appendix Vol. 1
Date Filed: 02/07/2022
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02/07/2022
Xi v. United States - Appendix Vol. 2
Date Filed: 02/07/2022
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02/07/2022
Xi v. United States - Plaintiffs' Opening Brief
Date Filed: 02/07/2022
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02/07/2022
Xi v. Haugen - Third Circuit Court of Appeals Opening Brief
Date Filed: 02/07/2022
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02/11/2022
Xi v. United States - Amicus Brief on behalf of Institute for Justice in Support of Plaintiffs
Date Filed: 02/11/2022
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02/14/2022
Xi v. United States - Amicus Brief on behalf of Asian Americans Advancing Justice & Asian Americans Advancing Justice-Asian Law Caucus in Support of Plaintiffs
Date Filed: 02/14/2022
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02/14/2022
Xi v. United States - Amicus Brief on behalf of American Physical Society, American Association for the Advancement of Science, American Statistical Association, American Geophysical Union, & Gerontological Society of America in Support of Plaintiffs
Date Filed: 02/14/2022
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02/15/2022
Xi v. United States - Appendix
Date Filed: 02/15/2022
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09/14/2022
Transcript of Oral Argument -
09/09/2022
Plaintiffs' Letter Regarding 9th Circuit Decision in Myles v. United States -
09/08/2022
Plaintiffs' Letter Regarding 7th Circuit Decision in Greenpoint Tactical Income Fund LLC v. Pettigrew -
06/23/2022
Response to Government's Letter Regarding Supreme Court Decision in Egbert v. Boule -
06/15/2022
Government's Letter Regarding Supreme Court Decision in Egbert v. Boule -
05/27/2022
Plaintiffs' Reply Brief -
04/08/2022
Government Response Brief -
02/14/2022
Asian Americans Advancing Justice et al.'s Amicus Brief in Support of Plaintiffs -
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02/15/2022
Appendix
Xi v. United States – Challenge to Warrantless SurveillanceLegal DocumentsAppendixDownload DocumentDate Filed: 02/15/2022
Court: Appeals Court (3d Cir.)
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02/15/2022
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02/14/2022
American Physical Society et al.'s Amicus Brief in Support of Plaintiffs -
02/11/2022
Institute for Justice's Amicus Brief in Support of Plaintiffs -
02/07/2022
Appendix Vol. 2 -
02/07/2022
Appendix Vol. 1 -
02/07/2022
Plaintiffs' Opening Brief
Date Filed: 09/14/2022
Court: Appeals Court (3d Cir.)
Date Filed: 09/09/2022
Court: Appeals Court (3d Cir.)
Date Filed: 09/08/2022
Court: Appeals Court (3d Cir.)
Date Filed: 06/23/2022
Court: Appeals Court (3d Cir.)
Date Filed: 06/15/2022
Court: Appeals Court (3d Cir.)
Date Filed: 05/27/2022
Court: Appeals Court (3d Cir.)
Date Filed: 04/08/2022
Court: Appeals Court (3d Cir.)
Date Filed: 02/14/2022
Court: Appeals Court (3d Cir.)
Date Filed: 02/14/2022
Court: Appeals Court (3d Cir.)
Date Filed: 02/11/2022
Court: Appeals Court (3d Cir.)
Date Filed: 02/07/2022
Court: Appeals Court (3d Cir.)
Date Filed: 02/07/2022
Court: Appeals Court (3d Cir.)
Date Filed: 02/07/2022
Court: Appeals Court (3d Cir.)
Press Releases
Chinese American Professor, Falsely Painted As A Spy For China, Moves Forward With Appeal Against FBI
Federal Court Dismisses Claims in Chinese American Professor’s Lawsuit Challenging FBI’s Baseless Arrest and Prosecution
ACLU Joins Professor’s Lawsuit Against FBI for Baseless Arrest and Illegal Spying